IPC, Ss.364A, 302 -Evidence Act, S.3-Kidnapping for ransom and murder - Circumstantial evidence -

2023 CRI. L. J. 292

AIROnline 2022 CAL 120

(CALCUTTA HIGH COURT) 

Monika Bagchi v. State of West Bengal.

C.R.A. D.B. No. 46 of 2022, 

D/21-9-2022 .

Penal Code (45 of 1860), Ss.364A, 302 -Evidence Act (1 of 1872), S.3-Kidnap- ping for ransom and murder - Circum- stantial evidence - Accused persons allegedly kidnapped victim boy aged 8 years and committed his murder-Alleged ransom call was received, search for boy was conducted and then police complaint was lodged over incident of missing - Dead body of victim boy recovered after 3 days in a decomposed condition with wire yarned around neck - No evidence that victim was ever taken to house or bathroom in house of accused situated in vicinity of house of complainant Material contra- dictions amongst prosecution witnesses with regard to account of alleged confessional statement by accused-No endeavour on part of prosecution to specifically prove ownership of mobile in order to establish nexus of accused in commission of crime Prosecution did not care to unearth fact whether any call from number disclosed in written complaint, was at all received in mobile phone-Prosecution failed to complete chain of evidence establishing circum- stances beyond all reasonable doubts Accused persons entitled to benefit of doubt. (Paras 51, 52, 53, 55, 56, 58)